The Removal and Disposal of Vehicles (Amendment) (Wales) Regulations 2008

Amendment of the Removal and Disposal of Vehicles Regulations 1986

2.—(1) The Removal and Disposal of Vehicles Regulations 1986(1) are amended in accordance with paragraph (2).

(2) The following regulation is inserted after regulation 5B—

“Power of civil enforcement officers to remove vehicles in a civil enforcement area in Wales”

5C.— (1) Paragraph (2) applies where—

(a) a vehicle has been permitted to remain at rest on a road in a civil enforcement area in Wales; and

(b) a civil enforcement officer has, in accordance with Regulation 5 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008(2), fixed a penalty charge notice to the vehicle or handed such a notice to the person appearing to him or her to be in charge of the vehicle.

(2) Where this paragraph applies, a civil enforcement officer or a person acting under his or her direction may subject to paragraph (3) remove the vehicle concerned—

(a) to another position on the road where it is found;

(b) to another road; or

(c) to a place which is not on a road.

(3) The power conferred by paragraph (2) is not exercisable where the vehicle concerned is in a parking place and a penalty charge notice has been served as mentioned in paragraph (1)(b) in respect of a contravention consisting of, or arising out of, a failure—

(a) to pay a parking charge with respect to the vehicle;

(b) to properly display a ticket or parking device; or

(c) to remove the vehicle from the parking place by the end of the period for which the appropriate charge was paid,

until the appropriate period has elapsed since the giving of that penalty charge notice in respect of the contravention.

(4) In this regulation—

“the appropriate period” means—

(a)

in the case of a vehicle as respects which there are 3 or more penalty charges outstanding, 15 minutes;

(b)

in any other case, 30 minutes;

“civil enforcement area” and “civil enforcement officer” have the same meanings as in the Traffic Management Act 2004 (see Schedule 8 and section 76 of that Act);

“outstanding” in relation to a penalty charge has the same meaning as in regulations 2(2), (3) and (4) of the Civil Enforcement of Parking Contraventions (General Provisions) (Wales) Regulations 2008(3);

“parking place” has the meaning given by section 79(7) of the Traffic Management Act 2004;

“penalty charge” means a penalty charge relating to a parking contravention in accordance with regulation 3 of the Civil Enforcement of Parking Contraventions (General Provisions) (Wales) Regulations 2008.

“penalty charge notice” has the same meaning as in regulation 4 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008.”

(1)

S.I. 1986/183, to which amendments relevant to these Regulations have been made, in relation to Wales, by S.I. 2005/3252 (w. 245).

(2)

S.I. 2008/609.

(3)

S.I. 2008/614 (W.66).